Permanent Labor Certification

The United States Department of Labor (DOL) issues permanent labor certifications for foreign workers based on strict criteria. These rules are set up to:

  1. Protect the rights of foreign workers.
  2. Protect the rights of similarly qualified American laborers.
  3. Create opportunities for employers to hire qualified foreign labor if that labor cannot be effectively obtained in the U.S.

To petition for labor certification, an employer must demonstrate that he or she cannot fill a position with qualified and able U.S. workers. In other words, the employer must show that there are no willing or able domestic laborers who are qualified and ready to do the work at what's known as the "prevailing wage" for the type of labor needed.

If the DOL approves the certification, the foreign worker then must submit an application to Citizenship and Immigration Services to get a Green Card to work in the U.S.

Pursuant to a regulation change in December 2004, applicants who file for labor certification after March 28, 2005 now go through what's known as the PERM process (PERM stands for "Program Electronic Review Management"). Essentially, this system allows the government to process applications electronically and thus review them faster and more efficiently.

For an employer to hire a foreign worker via labor certification, the following guidelines must be met:

  1. The employee must be hired for full time duty. Part time or seasonal workers will not qualify under this program.
  2. The job must be permanent. Foreign laborers can get other permits to work on temporary jobs in the U.S.; they just can't qualify for labor certification.
  3. The employer must be reasonable in his or her expectations for performance. (This clause prohibits domestic employers from requiring atypical and/or extraordinary skills or education from their foreign employees.)
  4. Employers must pay 100% (or more) of what's known as the prevailing wage for the position in question. This is the amount that the employer would pay a typical qualified U.S. worker (or in-company worker) for the same work.